Doctor's Abusing Medication.

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cn2009

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Hi,
I'm in the process of preparing for my pharmacy school interview. I wonder if any pharmacists here can help me with this question. Thank you very much.

"As a pharmacist, what would you do if you know about a doctor who's abusing and prescribing himself medication?"
 
cn2009 said:
Hi,
I'm in the process of preparing for my pharmacy school interview. I wonder if any pharmacists here can help me with this question. Thank you very much.

"As a pharmacist, what would you do if you know about a doctor who's abusing and prescribing himself medication?"


It's legal, although considered unethical for a doctor to prescribe himself medication. In terms of a schedule F (i.e an antibiotic) I wouldn't really care that much, however if it's a narcotic or another commonly abused drug then action would be required. The problem is "knowing", you really don't wanna move forward unless you are absolutely certain, and it's hard to reach that level. Anyway, hypothetically if you know for certain then speak to the physician, call the board of physicians, get it looked into. You will of course have a record of all his Rx's on hand as well, they'll probably be called upon. Involving the police will cause headaches and little result, work on getting the doctor help, not imprisoned.
 
Contact the state medical board. They need to investigate and take action to ensure that any abuse does not continue. If available in the particular state, the physician may be able to go to a treatment/recovery program and work with the medical board instead of simply losing licensure. You have a duty to report suspected abuse by a physician. Also, document everything.
 
Also, whether a physician may self-prescribe varies by state and sometimes by drug class. You shouldn't fill something if prescribed illegally. But, that doesn't stop you from photocopying it before you hand it it back to the patient/physician, if you turn the Rx down in the middle of the prescription process.
 
Thank you Bananaface and requiem for your help! 🙂
 
I don't believe self prescribing is necessarily abusing so I "bend" occassionally. In CA its not legal since a prescriber must have a legitimate relationship with the pt which includes a physical examination & documentation in a medical record - none of which can happen on yourself. That said....I do fill rxs written or called in to me for themselves & will do so for anything which does not indicate abuse of the system (excluding controlled drugs - I won't break that law for anybody!). So...I'll fill antibiotics, steroid creams, ophth/otic preps, etc. For stuff like htn, bcs, antidepressants, migraine medications, etc...I'll fill for 1 month - then they have to have the rx written by someone else since these need followup. I'm close to a teaching hospital, so this usually comes up in July or Aug when a new set of interns arrives & they don't have their own PCP yet.
 
In most states, its not legal for a physician to write scripts for himself or even his family members, this includes controls and non-controls. Some states are more restrictive than others but most have laws against this practice.
 
I've practiced in Michigan and Illinois and an MD cannot write a control substance for himself nor family member. You do have a duty to report abuse because there are instances where turning the other cheek can come back and haunt you. The question is who do you inform. I would say the local medical board of your suspicions with some documentation. Medical Boards tend to look out for their MD's and if there is an issue will implement counseling while allowing the MD to retain his license. Pharmacy boards in most states tend to be less sympathetic with their pharmacist. Pharmacist don't tend to stick together as a group overall for some odd reason.
 
sdn1977 said:
In CA its not legal since a prescriber must have a legitimate relationship with the pt which includes a physical examination & documentation in a medical record - none of which can happen on yourself.

Are you saying that it is not possible for a person to perform a physical exam on themselves? Or that a specific statute in CA prevents a doctor from performing an exam on themselves? Or that a specific statute exists which prohibits a doctor from documenting info in a chart on themselves? Or that a specific statute exists that prohibits a doctor for prescribing for hmself? If these statutes do not exist, there is nothing I see which would prohibit a doctor from prescribing for himself.

In Oklahoma, there are statutes that prohibit a prescriber from writing or dispensing CDS (Schedule II-V) for himself or a family member within 2 degrees of blood or marriage. Non-CDS drugs are fair game though.

I know I can check my own BP, listen to my heart and lungs, look in my oropharynx, check for edema, etc with normal palpation and equipment. And before anyone says "well, you can't look in your ears or eyes", there actually is equipment with which a person can exam his/her own TM and eyes with the assistance of optical equipment which transmits images to televisions. I have personally examined my own ears and eyes with this equipment.

No way to check my own prostate (nor would I want to).

As long as a chart is kept, I don't think there is a problem with writing an occasional script for myself or family member. I just document any intervention in my family's charts I keep in a closet at home.

Now, because I am eternally curious, I contacted Marge (an analyst ?) at the CA medical Board, and posed the question to her as to whether a CA doctor can prescribe for himself. Her first response was 'No", but when I pressed for the statute, she quoted me CA Health and Service Code statutes for CDS drugs. We began researching, and she came up with CA Business and Profession statute 2239, which is as follows:

"2239. (a) The use or prescribing for or administering to himself or
herself, of any controlled substance; or the use of any of the
dangerous drugs specified in Section 4022, or of alcoholic beverages,
to the extent, or in such a manner as to be dangerous or injurious
to the licensee, or to any other person or to the public, or to the
extent that such use impairs the ability of the licensee to practice
medicine safely or more than one misdemeanor or any felony involving
the use, consumption, or self-administration of any of the substances
referred to in this section, or any combination thereof, constitutes
unprofessional conduct."

Section 4022 is as follows: "4022. "Dangerous drug" or "dangerous device" means any drug or device unsafe for self-use in humans or animals, and includes the following:
(a) Any drug that bears the legend: "Caution: federal law
prohibits dispensing without prescription," "Rx only," or words of
similar import.
(b) Any device that bears the statement: "Caution: federal law
restricts this device to sale by or on the order of a ____," "Rx
only," or words of similar import, the blank to be filled in with the
designation of the practitioner licensed to use or order use of the
device.
(c) Any other drug or device that by federal or state law can be
lawfully dispensed only on prescription or furnished pursuant to
Section 4006."

Thus, I conclude that in California, a doctor could write for himself non-CDS drugs as long as he is not dangerous to himself, and does not impair his ability to safely practice medicine.
 
Anybody watch Prison Break?

That doctor was a diverter!
 
Pilot said:
No way to check my own prostate (nor would I want to).

It's possible, but hard to be objective in that position. 😉

I would think that it depends on what they're prescribing and how often and, of course, on the laws in your state.
 
Requiem said:
It's legal, although considered unethical for a doctor to prescribe himself medication. In terms of a schedule F (i.e an antibiotic) I wouldn't really care that much, however if it's a narcotic or another commonly abused drug then action would be required. The problem is "knowing", you really don't wanna move forward unless you are absolutely certain, and it's hard to reach that level. Anyway, hypothetically if you know for certain then speak to the physician, call the board of physicians, get it looked into. You will of course have a record of all his Rx's on hand as well, they'll probably be called upon. Involving the police will cause headaches and little result, work on getting the doctor help, not imprisoned.

Im a pharmacy tech. for CVS and doctors can't prescribe narcotics or controls for themselves or family members ..well that is in south carolina...it might be a federal law as well..
 
TommyCPharmD said:
Im a pharmacy tech. for CVS and doctors can't prescribe narcotics or controls for themselves or family members ..well that is in south carolina...it might be a federal law as well..

Different country =]
 
Pilot said:
Are you saying that it is not possible for a person to perform a physical exam on themselves? Or that a specific statute in CA prevents a doctor from performing an exam on themselves? Or that a specific statute exists which prohibits a doctor from documenting info in a chart on themselves? Or that a specific statute exists that prohibits a doctor for prescribing for hmself? If these statutes do not exist, there is nothing I see which would prohibit a doctor from prescribing for himself.

In Oklahoma, there are statutes that prohibit a prescriber from writing or dispensing CDS (Schedule II-V) for himself or a family member within 2 degrees of blood or marriage. Non-CDS drugs are fair game though.

I know I can check my own BP, listen to my heart and lungs, look in my oropharynx, check for edema, etc with normal palpation and equipment. And before anyone says "well, you can't look in your ears or eyes", there actually is equipment with which a person can exam his/her own TM and eyes with the assistance of optical equipment which transmits images to televisions. I have personally examined my own ears and eyes with this equipment.

No way to check my own prostate (nor would I want to).

As long as a chart is kept, I don't think there is a problem with writing an occasional script for myself or family member. I just document any intervention in my family's charts I keep in a closet at home.

Now, because I am eternally curious, I contacted Marge (an analyst ?) at the CA medical Board, and posed the question to her as to whether a CA doctor can prescribe for himself. Her first response was 'No", but when I pressed for the statute, she quoted me CA Health and Service Code statutes for CDS drugs. We began researching, and she came up with CA Business and Profession statute 2239, which is as follows:

"2239. (a) The use or prescribing for or administering to himself or
herself, of any controlled substance; or the use of any of the
dangerous drugs specified in Section 4022, or of alcoholic beverages,
to the extent, or in such a manner as to be dangerous or injurious
to the licensee, or to any other person or to the public, or to the
extent that such use impairs the ability of the licensee to practice
medicine safely or more than one misdemeanor or any felony involving
the use, consumption, or self-administration of any of the substances
referred to in this section, or any combination thereof, constitutes
unprofessional conduct."

Section 4022 is as follows: "4022. "Dangerous drug" or "dangerous device" means any drug or device unsafe for self-use in humans or animals, and includes the following:
(a) Any drug that bears the legend: "Caution: federal law
prohibits dispensing without prescription," "Rx only," or words of
similar import.
(b) Any device that bears the statement: "Caution: federal law
restricts this device to sale by or on the order of a ____," "Rx
only," or words of similar import, the blank to be filled in with the
designation of the practitioner licensed to use or order use of the
device.
(c) Any other drug or device that by federal or state law can be
lawfully dispensed only on prescription or furnished pursuant to
Section 4006."

Thus, I conclude that in California, a doctor could write for himself non-CDS drugs as long as he is not dangerous to himself, and does not impair his ability to safely practice medicine.

Sorry - I've been away for a bit. I didn't mean to ignore & since this I'm back so late, I'll pm. Thanks for the thoughtful post!
 
Sorry - couldn't pm you Pilot. I'm not sure you actually want an answer for what goes on in CA, but you don't have all the relevant codes & interpretations and I'm not sure there is a purpose to get into the detail here. There is an extensive thread on this topic in the General Residency forum. If you do happen to find yourself in CA, however, I'll have no trouble filling an rx for you for a Z-Pak, Tessalon Perles or amoxicillin for your kids. You know as a pharmacist & physician as well as I do how far we both can go in staying withing the boundaries of our various scopes of practice. They key is to have each of us use our good judgement, stay respectful of each other boundaries & decide for ourselves which lines we won't cross.
 
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